Ballantyne v. Toronto Community Housing Corporation

Tenant wins · 2015-10-06

Adjudicator

Sachs J.

Dispute

Eviction

Landlord

T.C.H.C.

Tenant

S.D.B.

Landlord rep

Daniel J. Del Gobbo

Tenant rep

Gene G. R. Filice

What happened

Tenant appealed a Landlord and Tenant Board decision that rejected her request for an extension of time to file a motion to set aside an ex parte eviction order. The Divisional Court allowed the appeal, finding that the Board erred in law by failing to consider all relevant factors under Rule 15.6 when deciding whether to grant the extension.

The ruling

The Divisional Court allowed the tenant's appeal, set aside the Board's decision, granted the tenant's request for an extension of time to file a motion to set aside the ex parte eviction order, and ordered a hearing on the tenant's motion. The ex parte eviction order was stayed pending the results of that hearing.